NAIROBI,Kenya Mar 18-The Employment and Labour Relations Court has temporarily halted the implementation of a directive setting the mandatory retirement age for lecturers and researchers in public universities at 70 years.
The interim orders, issued by Justice Jacob Gakeri in March, certified as urgent an application filed by the University Academic Staff Union (UASU) challenging the circular.
The judge granted interim relief under the union’s second prayer, effectively suspending the directive pending further court instructions.
Justice Gakeri directed that the application be served on the respondents immediately, giving them four days to file their responses. The matter is scheduled for an inter partes hearing on March 24, 2026, when the court will issue further directions.
The case challenges a circular issued on March 2, 2026, by the Public Service Commission (PSC), which introduced a mandatory retirement age of 70 years for lecturers and researchers in public universities and related institutions.
Through lawyer Titus Koceyo, the petitioner argued that the directive has already caused disruption in universities.
Many lecturers over 70 remain actively engaged in teaching, marking examinations, and supervising postgraduate students, and the abrupt directive threatens to undermine ongoing academic programmes.
Court filings contend that the PSC acted beyond its mandate by unilaterally altering retirement terms governed by an existing Collective Bargaining Agreement (CBA), which sets the retirement age at 74 years for senior academic staff, including lecturers, associate professors, and professors.
The petition also notes that the directive was issued without consultation with key stakeholders, including UASU, violating constitutional provisions on fair labour practices and the right to collective bargaining.
Additionally, the union warns that enforcing the circular could amount to unlawful termination of employment without due process, contrary to the Constitution, the Employment Act, and the PSC Act.
The court will revisit the matter on March 24, 2026, to consider further directions and determine the next steps in the case.